What is the Early Termination of Foreign Academics at Turkish Universities ?
The employment status of foreign academics in Turkish universities remains a complex and debated legal issue, largely due to inconsistent rulings from the Turkish Court of Appeals and the Council of State. At the core of this debate lies the question: Which legal framework governs employment disputes involving academic personnel—Labor Law or Administrative Law?
Prior to 2012, the prevailing view was that all academic staff, whether employed at public or foundation universities (private institutions established by foundations), fell under the jurisdiction of Labor Law, and that Labor Courts had authority over related disputes.
However, this changed following a landmark 2012 ruling by the Dispute Resolution Court. The court held that while the Labor Law continues to regulate the employment terms and entitlements of academic personnel (including foreign nationals), disputes arising from these contracts should be adjudicated by Administrative Courts, not Labor Courts. This position has remained the standard interpretation since.
Thus, any legal dispute related to the employment of foreign academics at Turkish universities—including wrongful termination—must now be brought before the Administrative Court, even though the Labor Law continues to govern their contractual rights and benefits.
Legal Remedies in Cases of Unjust Dismissal
The distinction between administrative and labor jurisdiction has a significant impact on the legal remedies available to foreign academics dismissed before the end of their contracts. These remedies differ in important ways from those available to employees in standard labor relationships.
a) Reinstatement Claims: A Legal Grey Area
In typical labor disputes, a wrongfully terminated employee may seek reinstatement through Labor Courts. However, Administrative Courts do not recognize or apply reinstatement as a legal remedy, making this course of action unavailable to foreign academics.
That said, it is technically possible for a dismissed foreign academic to challenge the university’s administrative decision to terminate their employment. Since universities are considered administrative institutions, their actions—including dismissals—can be reviewed and annulled by Administrative Courts.
If a court annuls the university’s decision, the result can mimic a reinstatement. However, this process has practical limitations:
- Each decision by the university must be contested individually.
- If a dismissal decision is annulled, the university may simply issue a new termination decision, forcing the academic to file another lawsuit.
This creates a cycle of litigation that can be time-consuming and costly, making compensation claims a more practical path in many cases.
b) Compensation Claims: More Accessible and Effective
Despite jurisdictional differences, the Labor Law still governs foreign academics’ contractual rights. This allows them to claim a range of compensations typically available in labor disputes, including:
- Severance pay
- Compensation for unused paid leave
- Unpaid wages
- Moral damages
A key distinction in the academic context is the fixed-term nature of employment contracts. Unlike standard open-ended employment agreements, academic contracts are often for two or three years, as permitted by the Higher Education Council (YÖK). These contracts are legally recognized as exceptions to the rule of indefinite contracts in the Labor Law.
When a fixed-term contract is terminated early without just cause, the academic may be entitled to claim their remaining wages for the full duration of the contract. For instance, if a three-year contract is terminated after one year, the academic could seek compensation for the two remaining years—depending on the specific terms and conditions of their agreement.
As always, these claims are highly fact-dependent, and courts will evaluate each case on its own merits.
Final Thoughts
The legal protections afforded to foreign academics in Turkey are shaped by a combination of Labor Law provisions and Administrative Law procedures. This dual structure often creates confusion and places an additional burden on foreign academics who are wrongfully dismissed.
Given that reinstatement is not a straightforward option and that administrative litigation can take one to two years to resolve, it is crucial for foreign academics to:
- Consult a legal professional to evaluate their case,
- Consider alternative dispute resolution mechanisms, such as mediation, to save time and costs,
- Be fully aware of their contractual terms and how Turkish law treats fixed-term contracts.
For more information, please be in touch with our team.